| People v Deluca, James |
| Motion No: 2006-07538 |
| Slip Opinion No: 2007 NYSlipOp 75559(U) |
| Decided on August 9, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M58345
E/nl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
RUTH C. BALKIN, JJ.
|
2006-07538 The People, etc., respondent, v James DeLuca, appellant. (Ind. No. 06-00046)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellant's brief on an appeal from a judgment of the County Court, Rockland County, rendered July 19, 2006, on the ground that they refer to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereto; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until September 17, 2007, and the respondent's brief must be served and filed on or before that date.
PRUDENTI, P.J., GOLDSTEIN, LIFSON and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court